Patna High Court
Lilawati KumariversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The application was disposed of as withdrawn.
Summary
The petitioners, Lilawati Kumari and Rinku Kumari, applied to the Patna High Court seeking a writ directing the State Health Society, Bihar to grant them age relaxation for the Auxiliary Nurse Midwifery (ANM) post advertised under No.8/2025, alleging that their age exceeded the limit despite meeting all other qualifications. They argued that the age restriction was arbitrary and sought relief to be allowed to appear for the vacancy. During the hearing, counsel for the petitioners requested permission to withdraw the application so that they could address their grievances directly before the recruiting authorities. The Court, after hearing the request, allowed the withdrawal and disposed of the application as withdrawn. No substantive merits on the age‑relaxation issue were adjudicated, and the petition was left without a decision on the substantive claim.
Issues considered
- Whether the petitioners are entitled to age relaxation for the ANM post advertised under Advertisement No.8/2025 of the Bihar State Health Society
Subjects
- age relaxation
- recruitment
- auxiliary nurse midwifery
- writ jurisdiction
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19838 of 2025
======================================================
1. Lilawati Kumari Wife of Lalit Ram Singh, D/o Ram Ashis Ray, Resident of
village- Pararia, P.O. - Pararia, P.S.- Shambhuganj, District - Banka.
2. Rinku Kumari, D/o Jai Prakash Singh, W/o Ajab Lal Singh, Resident of
Village- Mohanpur P.S.- Shambhuganj, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Addl. Chief Secretary, Health Department, Govt. of Bihar, Patna.
3. The Chairman, Bihar Technical Service Commission, Patna, Bihar.
4. The Director, Bihar State Health Society, Patna, Bihar.
5. The Secretary, Bihar State Health Society, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the State : Mr. Manoj Kumar Ambastha, S.C.-26
Mr. Subodh Kumar, A.C. to S.C.-26
For the Health Society : Dr. Anand Kumar, Advocate
Ms. Vijeta Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-01-2026 The petitioners have filed the instant application for
the following relief(s):
“That this is an application for issuance of an
appropriate writ, order or direction commanding the
respondents to grant age relaxation to the petitioners
to appear with respect to Advertisement No.8/2025
published by State Health Society, Bihar for the post of
Auxilliary Nurse Midwifery (ANM) as their age
exceeds from the purview of the advertisement whereas
fulfills all the criteria and after passing Revised
Auxiliary Nurse Midwife in 2011 and completion of
training the present vacancy comes which is last and
Patna High Court CWJC No.19838 of 2025(2) dt.06-01-2026
2/2
final option remains to the petitioners and/or for any
other or orders as your Lordships may deem fit and
proper under the circumstances of the case.”
2. After some argument, learned counsel for the
petitioners seeks permission to withdraw this application to
enable the petitioners to represent for the grievances raised
herein before the respondents-authorities.
3. The application is disposed of as withdrawn with
the aforesaid liberty.
(Partha Sarthy, J)
Saurabh/-
U
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